Professional Sex Harassment Claims Drafting Service

Sex Harassment Particulars of Claim Drafting Service

Navigating a sexual harassment claim can be a daunting and emotionally challenging process. Our dedicated drafting service is here to assist individuals in preparing comprehensive and legally sound Particulars of Claim for submission to the Employment Tribunal in England, Scotland, and Wales, under the Equality Act 2010.

• What are the Particulars of the Claim?

  Particulars of Claim are a crucial legal document that sets out the full details of your sexual harassment claim. This document is submitted to the Employment Tribunal (ET1 form) and must clearly articulate:

• The nature of the unwanted conduct

  Detailing the specific actions, comments, or behaviours that constitute sexual harassment.

• The Sex Harassment of the conduct

  Explaining why the conduct is considered to be of a sexual nature.

• The purpose or effect of the conduct

  Demonstrating how the conduct violated your dignity or created an intimidating, hostile, degrading, humiliating, or offensive environment for you.

• Dates and timelines

  Providing precise dates or periods when the harassment occurred.

• Impact of Sexal harassment

  Describe the professional and personal effects of the harassment on you.

• Desired remedies

  Outlining the compensation or other remedies you are seeking (e.g., financial loss, injury to feelings, recommendations).

• A well-drafted Particulars of Claim

• A well-drafted Particulars of Claim is essential for a successful claim, as it forms the foundation of your case.

Our Service Includes

Our service focuses on meticulously drafting your Particulars of Claim, ensuring it is:

1. Legally Compliant

   Adhering to the requirements of the Equality Act 2010 and Employment Tribunal rules.

2. Comprehensive

   Including all relevant details, dates, and impacts of the harassment.

3. Clear and Concise

   Presenting your case understandably and persuasively.

4. Tailored to Your Experience

   Reflecting the unique circumstances and emotional impact of your situation.

We will work with you to gather all necessary information, including:

• Detailed accounts of each incident of sexual harassment.

• Witness information (if applicable).

• Any documentary evidence (e.g., emails, messages, HR records, policies).

• Impact statements outlining how the harassment affected your well-being and employment.

Key Considerations for Your Claim

Based on the Equality Act 2010 and relevant case law, here are some essential points to consider when bringing a sexual harassment claim:

• Definition of Sexual Harassment

  Sexual harassment occurs where there is unwanted conduct of a sexual nature, and the conduct has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for you (Section 26(2), EqA 2010).

• Unwanted Conduct

  The conduct does not need to be explicitly objected to at the time to be considered "unwanted." Even past welcomed conduct can become unwanted.

• Conduct of a Sexual Nature

  This can include a wide range of behaviours, from sexual comments and jokes to suggestive looks, propositions, intrusive questions about private life, and unwelcome touching.

• Purpose or Effect

  The conduct must either intend to violate your dignity or create an adverse environment, or have the effect of doing so. Your perception is key, but it must also be objectively reasonable for the conduct to have that effect.

• Single Incident

  A single incident can be enough to constitute harassment if its effects are enduring or it violates dignity in the moment.

• Vicarious Liability

  Employers are generally liable for sexual harassment committed by their employees in the course of their employment, unless they can demonstrate they took "all reasonable steps" to prevent it. This includes having effective anti-harassment policies, training, and reporting mechanisms.

• Time Limits

  A claim must usually be submitted to an Employment Tribunal within three months of the act to which the complaint relates. However, extensions are possible under "just and equitable" grounds or if the acts are part of "conduct extending over a period." Early conciliation through Acas is a mandatory step before submitting a claim.

• Uplift in Compensation

  Since October 26, 2024, Employment Tribunals have the power to award an uplift of up to 25% to compensation for discrimination if the employer breached their duty to take reasonable steps to prevent sexual harassment.

• Third-Party Harassment

  While a standalone claim for third-party harassment is not possible, an employer's failure to prevent sexual harassment by third parties (e.g., customers, clients) can lead to a breach of the preventative duty and potential compensation uplift.

• Importance of Internal Procedures

  A fair and thorough internal investigation and grievance procedure by your employer can be crucial. Poor handling of a complaint can lead to further claims (e.g., constructive unfair dismissal, aggravated damages).

• Confidentiality and NDAs

  Non-disclosure agreements (NDAs) have come under scrutiny. While they can be used in settlements, they should not be used to prevent reporting of unlawful acts or to silence victims. New legislation is also preventing their use in certain circumstances.

How to Get Started

If you are considering bringing a sexual harassment claim and require assistance in drafting your Particulars of Claim, please request a call back to discuss your situation. We will guide you through the process, ensuring your claim is presented effectively and accurately.